This is the number one question that potential claimants have because they’ve never heard about surplus funds until we’ve contacted them. We know what it’s like to be contacted by a company out of the blue, trying to sell something, because it happens to us every day. We also know that when a property is in foreclosure, the owner can receive numerous phone calls a day offering to buy their house or provide some other kind of service that sounds shady. BUT, your right to receive surplus funds from the sale of your home is 100% real under Florida Law. Almost every day in Florida, multiple foreclosure auctions are held that result in surplus funds being available to the owner or the owner’s heirs. It’s just a matter of making a claim for that money with the right advocate in your corner – United Surplus Claims.

We only get paid if your surplus claim is successful and there is never any out-of-pocket expense for you! Every claim is different, but we are usually able to keep our costs down by having a small, efficient team and an in-house attorney.

When it comes time to hiring us, before you sign any paperwork, we are very up front about what the contingency fee will be for your case. Once the court sends a check for the surplus, our fee will simply be deducted from your total amount. 

After the sale, the court will issue a “Certificate of Disbursement” which includes the total amount of surplus funds. Give us a call, and we’d be happy to explain where you can find this information

When it comes to surplus, any named subordinate lien holders in the case are also entitled to claim what they are owed. Typically, they are paid out first from the surplus, and whatever amount is remaining would be issued to you as the owner or heir. Using property records in your county, we can usually tell you whether you will be eligible for any surplus funds.

Our goal is to get you as much money as possible, as quickly as possible. However, every case is different and usually, the time frame depends on the court’s scheduling calendar and the complexity of your claim for surplus. Additionally, if you are an heir who is claiming surplus, sometimes the judge will require you to go through the probate process, which can add time to receiving your surplus funds.

Generally, depending on the case, a successful claim will be paid out within a few months from the date of the foreclosure auction

A homeowner has 1 year to claim the surplus funds from the court, then the funds get sent to the Florida Department of Unclaimed Property. However, it is always best to claim the funds as soon as possible, because another party who is not entitled to any surplus could make their own claim, and if you don’t oppose them, you risk losing your surplus. You can even file the claim prior to the auction to get ahead of the game. 

Yes, as long as the mortgage is a superior lien, meaning it’s not a subordinate or a second mortgage, they would not be entitled to receive any of the surplus funds. Surplus funds are reserved for subordinate lien holders first, and then the homeowners. Therefore, even if you had no equity in your home, you could still end up with surplus being owed to you

Yes, heirs can receive any funds that a previous owner would have been entitled to. However, it is occasionally necessary for probate to be completed before you can receive any of the funds. Contact us for more information on your specific situation

We understand that, if this is all new to you, you’re probably a bit skeptical, knowing that there are companies in every industry trying to take advantage of unsuspecting customers. That’s why we strive to be open with you about your right to surplus and any challenges your claim may have in court.

1. Honesty, transparency, and communication are the foundations of our company. We want you to be fully informed, good or bad, so you can be confident in your decision to hire United Surplus Claims
2. While it’s difficult to do, we try to make our paperwork as clear and easy to understand as possible. Be careful when you read agreements from other companies, as their fee is limited by Florida Law. Some companies attempt to charge more than what is allowed by law and will also pass on attorney’s fees and costs to you. In addition, if you hire an attorney yourself, they have a much higher cap on what they can charge you in a contingency fee arrangement and we would be careful in hiring an attorney who does not do surplus claims frequently, as many general real estate attorneys don’t know the laws on surplus funds.
3. Our in-house attorney is involved in the surplus claim from the start and, while the attorney represents United Surplus Claims only, he is required to follow the rules of ethics and professional responsibility under the Florida Bar.
4. Lastly, Florida Statute 45.032 & 45.033 explain the legal method for a company to help claim surplus funds. Contact us, and we’d be happy to provide more information, if needed.

Any surplus company’s agreement with you is required to include a statement that you do not need to hire them or an attorney to claim your surplus. However, since court filings, hearings, and objections to other parties’ claims depend on the knowledge and an understanding of legal issues, we think it’s best to hire a surplus company that specializes in claiming surplus funds and that has an in-house attorney, making the communication between the attorney and the company seemless